Pensions Act, 1990
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Conflict between Part III and schemes. |
38.—(1) The provisions of this Part, of any regulations made there under and of the Second Schedule shall override any rule of a scheme to the extent that that rule conflicts with those provisions. | |
(2) Any question as to— | ||
(a) whether any provision of this Part (including the application of any provision as modified by regulations), any regulations made thereunder or the Second Schedule conflicts with any rule of a scheme, or | ||
(b) whether a scheme is a defined benefit scheme or a defined contribution scheme for the purposes of this Part, | ||
shall be determined by the Board on application to it in writing in that behalf by a person specified in subsection (3). | ||
(3) The following persons shall be entitled to make an application under subsection (2) in respect of a scheme: | ||
(a) the trustees of the scheme; | ||
(b) any person who is an employer of persons in relevant employment to which the scheme applies; | ||
(c) any member or prospective member of the scheme; | ||
(d) such other persons (if any) as may be prescribed, being persons who, in the opinion of the Minister, ought to be entitled to make such an application. | ||
(4) An appeal to the High Court on a point of law from a determination of the Board under subsection (2) in relation to a scheme, may be brought by the person who made or a person who was entitled to make the application concerned under subsection (2). |